Sexual Misconduct & Civil Rights (Title IX)

The Bay Path University community welcomes and affirms the rights of its students, faculty and staff to live, work and study in an environment free of discrimination, harassment and sexual misconduct. Consistent with the expectations Title IX of the Education Amendments of 1972 ("Title IX"), the University prohibits discrimination based on sex in the education programs and activities of an institution which receives federal financial assistance. As a recipient of federal financial assistance, Bay Path University is required to adhere to Title IX requirements.

Title IX protects faculty, staff and students against unlawful acts of sexual misconduct, including sexual violence, sexual harassment, sexual exploitation, intimate partner violence, dating violence, bullying (including cyberbullying) and stalking. Taken together, these acts are termed sexual misconduct. The University prohibits retaliation for advocating for a right protected under Title IX.

Title IX Coordinator

Bay Path University’s Title IX Coordinator, Dr. Kathleen Martin, is available to all students, faculty, staff, guests and visitors to provide resources and answer questions regarding the process to report a possible violation of the institution’s policy. Any incident involving sexual misconduct, harassment or discrimination may be reported to the Title IX Coordinator. In her role as the Coordinator, Dr. Martin accepts the responsibility of upholding Bay Path’s Title IX policy and is a confidential resource to those who may wish to discuss an incident but may not be ready to file a formal report.

Types of Misconduct

Sex- or Gender-Based Discrimination

Acts that deny, deprive or limit access on the basis of membership in a protected category

Sexual Harassment

Unwelcome conduct of a sexual nature that is sufficiently severe, persistent or pervasive

Sexual Misconduct

Sexual Assault: any sexual intercourse however slight with any object by a person upon another person that is without consent and/or by force. Often synonymous with rape.

Sexual Exploitation: a situation in which a person takes non-consensual or abusive sexual advantage of another, and that behavior does not otherwise fall within the definitions of Sexual Harassment, Non-Consensual Sexual Intercourse or Non-Consensual Sexual Contact. Examples of Sexual Exploitation.

Intimate Partner Violence: violence or abuse between those in an intimate relationship to each other

Bullying: Repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally that is not speech or conduct otherwise protected by the First Amendment.

Stalking: Stalking is a course of conduct directed at a specific person on the basis of actual or perceived membership in a protected class that is unwelcome and that would cause a reasonable person to feel fear. Stalking can also be repetitive and menacing pursuit, following, harassing and/or interfering with the peace and/or safety of another.

Retaliation

Action (or attempted action) to retaliate or seek retribution against the Reporting Party, Responding Party or any individual or group of individuals involved in the investigation and/or resolution of an allegation of sexual misconduct. Retaliation can be committed by any individual or group of individuals, not just the Reporting Party or Responding Party. Retaliation will be treated as another possible instance of harassment or discrimination.

Resources

The first step to preventing sexual misconduct on campus is being able to recognize its signs. Sometimes distinguishing between good-natured and well-intentioned interactions and sexual misconduct can be difficult, especially as a bystander. Reporting incidents of possible misconduct that have been witnessed may be uncomfortable; but, bystanders can play an important role in preventing further, escalated misconduct if the University can respond early enough.

Resources for Victims:

If you think you have experienced sexual misconduct, there are many resources available to you. If you are unsure of what may constitute sexual misconduct, please refer to the Prohibited Conduct & Definitions Page. Remember, you are not alone. At Bay Path, it is essential that students and employees feel they are safe and supported. Bay Path offers confidential resources on campus and online to help those who have been affected by sexual misconduct.

Who Can Help:

If you have been affected by sexual misconduct and would like to speak with an individual on campus, there are numerous people ready to help. You may meet with the Title IX Coordinator confidentially, with no obligation to file a formal report. You may also meet with the campus nurse, a campus counselor in the Counseling Center or a Campus Public Safety officer. All Bay Path University employees, including student workers, have a duty to report incidents the Title IX Coordinator. Additionally,off-campus resources are also available to you. A full list of resources available is below:

Bystander Intervention

Resources for Bystanders:

What is a bystander?

A bystander is defined as “someone who is present at an event or incident but does not take part.” A bystander may or may not know the individuals involved in the incident. They may have been present before an incident escalated or after it occurred.

What Responsibilities Do Bystanders Have?

As a bystander, you carry the responsibility of standing up for the rights of others and pursuing justice. Of course, there are some situations in which it is unsafe to intervene in the moment, however, that does not mean that you cannot still help. A bystander simply witnesses an event, but an active bystander takes steps to make a difference. We must all strive to be active bystanders in order to prevent escalated incidents and fulfill our responsibilities as members of the community. Being an active bystander means:

Speaking up in a problem situation when it is safe to do so.

Advocating for the safety of victims and potential victims of sexual misconduct.

Reporting any incident of sexual misconduct to an official resource, whether you were there or you were informed of it.

Calling out others who use discriminatory or otherwise inappropriate language.

The University encourages the reporting of misconduct and crimes and understands that witnesses and reporting parties may be hesitant to come forward for fear of disciplinary action against them. The University has in place a policy of amnesty for individuals who come forward and will provide educational options rather than punishment if additional policy violations become known as a result of making a report.

It’s On Us

Bay Path University is proud to be a part of the “It’s On Us” Campaign to stop sexual assault. As part of this campaign, we invite all members of the Bay Path Community to take the pledge and “help create an environment where sexual assault is unacceptable and survivors are supported.” For more information on the “It’s On Us” movement, be sure to check out the official website.

How to Help:

Bay Path offers a variety of resources to both victims and witnesses of sexual misconduct. The following is a list of resources for bystanders:

The Title IX Coordinator

Bay Path University Counseling

Campus Public Safety

File a Report

Individuals who wish to report an incident of sexual misconduct may do so in a variety of ways. The decision to file a formal report is not easily reached, and can be an overwhelming prospect for those affected by sexual misconduct. The University has created an online anonymous reporting option to make the process easier for students and employees who wish to file a report. On the File a Report page, individuals may note the difference between filing a report with Campus Public Safety, (to Bay Path directly) and with the Longmeadow Police Department. Once an individual has decided with whom they would like to file a report, a report may be easily completed online.

Alternatively, if an individual prefers to make a verbal report, they have the opportunity to do so by meeting with the Title IX Coordinator, a counselor, the school nurse, or a Public Safety officer. More information regarding verbal reports can be found on the Resources page.

Who to Report To:

There are many individuals and resources available on campus that students and employees may report an incident of sexual misconduct to. Individuals may file a formal report documenting an incident with:

The Title IX Coordinator

Campus Public Safety

Longmeadow Police Department

The University is committed to responding to all reports of sexual misconduct in a timely and effective manner. The timeframe of when an individual should file a report of sexual misconduct is not limited in any way, however it is important to note that as time passes, it becomes more difficult to find crucial evidence. In light of this, all investigations of sexual misconduct are to be thorough yet efficient, with a resolution that is reasonable given the situation.

I Made a Report - Now What?

Filing a report is an important first step towards addressing an incident of sexual misconduct. The University acknowledges that it may be difficult to come forward; but, there are resources to assist in the process, beginning with the Title IX Coordinator. The University completes most investigations within 60 days.

Interim Measures/Remedial Action

Upon receipt of a report, the University may implement initial responsive or protective actions while an inquiry or investigation are underway. Interim measures/Remedial actions may include no contact orders, providing a campus escort, academic or work schedule adjustments, referral to counseling or medical services, on-campus housing accommodations and safety planning. The University will maintain as confidential any accommodations or protective measures, provided confidentiality does not impair the University’s ability to provide the accommodations or protective measures.

Inquiry, Investigation, Resolution

The University will address all reports of possible violations of the Sexual Misconduct and Civil Rights Policy. The process is overseen by the Title IX Coordinator, who works with two Deputy Coordinators, two investigators and a Responding Party Process Navigator. Upon receipt of a formal complaint, the Title IX Coordinator or a Deputy Title IX Coordinator will conduct an initial inquiry to determine any risk of harm to individuals or to the campus community. Steps will be taken to address those risks via interim measures or remedial action.

If the inquiry proceeds to an investigation because of the Reporting Party’s desire or the University deems it necessary to protect the safety of the campus, the Title IX Coordinator will assign an investigator to gather relevant information, including conducting interviews with the Reporting Party, the Responding Party and any witnesses who may be able to provide additional information.

A Title IX investigation is not a criminal process, although that avenue is available. The investigation is undertaken to determine whether it is more likely than not that the University’s Policy on Sexual Misconduct and Civil Rights was violated. It is not a question of “guilt” or “innocence;” rather, the Responding Party will be found “responsible” or “not responsible” for a violation of Policy based on a preponderance of evidence.

Based on the Investigator’s report, resolution will be pursued that is appropriate to the seriousness of the violation. This may include conflict resolution or administrative resolution.

Sanctions

A range of sanctions are available if the Responding Party is found responsible for violating the University’s Policy on Sexual Misconduct and Civil Rights. The sanctions are determined based on the nature, severity of, and circumstances surrounding the violation, an individual’s disciplinary history previous allegations or allegations involving similar conduct, and the need for sanctions/responsive actions to bring an end to and to prevent future discrimination, harassment and/or retaliation.

Privacy

If a Reporting Party does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the reporting party may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the University and comply with federal law. Note that the University’s ability to remedy and respond to a reported incident may be limited if the Reporting Party does not want the institution to proceed with an investigation.

In cases indicating pattern, predation, threat, weapons and/or violence, the University will likely be unable to honor a request for confidentiality. In cases where the Reporting Party requests confidentiality and the circumstances allow the University to honor that request, the University will offer interim supports and remedies to the Reporting Party and the community, but will not otherwise pursue formal action. A reporting party has the right, and can expect, to have allegations taken seriously by Bay Path University when formally reported and to have those incidents investigated and properly resolved through these procedures.

Formal reporting still affords privacy to the reporter and only a small group of officials who need to know will be told. Information will be shared as necessary with investigators, witnesses and the Responding Party. The circle of people with this knowledge will be kept as tight as possible to preserve a reporting party’s rights and privacy. Additionally, anonymous reports can be made by victims and/or third parties using the online reporting form posted athttps://my.baypath.edu/ICS/Sexual_Misconduct/. Note that these anonymous reports may prompt a need for the institution to investigate.

Clery Reporting

The University is required to document all reports of sexual misconduct and to report statistics of crime on campus consistent with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. No personally identifiable information will be shared for the purpose of maintaining these statistics. Identities and specific fact patterns will remain anonymous.

If a report of sexual misconduct represents an immediate threat to the University community, timely notice must be given to protect the health or safety of the community. In such cases, the same level of confidentiality may not be possible. Immediately threatening circumstances include, but are not limited to, reported incidents of sexual misconduct that include the use of force or a weapon, or other circumstances that represent a serious and ongoing threat to students, faculty, staff, or visitors.